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Court orders restrictions

(4 Posts)
Katykatekate Mon 15-Jun-15 19:37:23

Hi, I'm new to this and was looking for some advice. I know I need to book a solicitors appointment.

My situation is 5 years ago my sons father took me to court to obtain access after several different court orders the final desision was made and is still in place currently that my son visits on the weekends sat-sun every other weekend. But last week I had a phone call from my sons grandmother telling me he was currently in prison awaiting his court date in a few months time (August) which is highly likely he will be found guilty as the evidence is there.

My question is now does this court order still stand? would I be made to take my 6 year old son to prison if he requested? Can I now get a new court order? Anything is much appriecated.

HeadDoctor Mon 15-Jun-15 22:19:31

You could apply for a variation.

WellWhoKnew Mon 15-Jun-15 22:22:05

My understanding is that you can ask for a variation order whenever circumstances change significantly (clearly they have here!) but you can't make the variation yourself - you must seek out the court's permission when it's court ordered.

So, the court order stands at present, and you are required to comply with it. Clearly overnights are no longer possible if he's remanded so it's a practical matter that must be addressed. They may order your son to do prison visits periodically because it's about the child's relationship with their father, but it might not be the case. Also who would take him to do the visits etc- these are all practicalities that need to be thought through - especially if the father is looking at a longer sentence. If you can't agree with your son's father, then a full hearing may be required. As with all children's matters - it's about what the best interests of the child are, rather than any parental rights.

Please do see a proper lawyer (I'm not one) asap to avoid any inadvertent difficulties.

Katykatekate Mon 15-Jun-15 22:47:28

Thank you for the knowledge I agree I need to see my solicitor to see what she has to say and see what options I have avaliable. I wanted a little knowledge on what my options were and where I stand. I want my son to see his dad he has a good relationship with him but certainly don't want him going into prison at such a young age and having so many questions and not understanding the circumstances fully and obviously want role models and people who he can look up to in his life, not a parent that breaks the law.

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